J. Moran McGrath and Marion B. McGrath as Sole Heirs and Successors to the Property of James G. McGrath Deceased v. The United States

DAVIS, Judge.

This case is a companion to Broche v. United States, Ct.Cl., 303 F.2d 939, and can likewise be determined on the parties’ motions for summary judgment. The substituted plaintiffs pursue the claim of James G. McGrath, a World War I emergency officer retired for physical disability, that he was entitled by the Career Compensation Act of 1949, 63 Stat. 802, 818, 823-4, 37 U.S.C.A. § 231 et seq., to have his retirement pay computed on the basis of a major’s pay rather than the pay of a captain on which the defendant made its computation. The petition, filed October 14, 1959, was…